First as to Matthew Dowd’s argument. There is no guarantee nor any real likelihood that any Trump political prosecutions would reach the USSCT. Any case requires four votes for certiorari. Who is the fourth vote? Coney Barrett? Possibly. Someone else? Well, it’s conceivable, but I wouldn’t count on any fourth vote for cert. So any showcase trial is happening in a lower or state court.
I have heard that a recent book purportedly authored by Kash Patel contains an Appendix that is characterized as his”enemies list,” a list of good people that he promises to pursue legally if given the chance. Biden would seem to have every reason to issue a pardon to any or all of these folks unless he believes they may be guilty of something. One could argue he has a civic obligation to protect them from abuse of their constitutional rights to free speech, freedom to assemble, to petition the government, etc.
First as to Matthew Dowd’s argument. There is no guarantee nor any real likelihood that any Trump political prosecutions would reach the USSCT. Any case requires four votes for certiorari. Who is the fourth vote? Coney Barrett? Possibly. Someone else? Well, it’s conceivable, but I wouldn’t count on any fourth vote for cert. So any showcase trial is happening in a lower or state court.
I have heard that a recent book purportedly authored by Kash Patel contains an Appendix that is characterized as his”enemies list,” a list of good people that he promises to pursue legally if given the chance. Biden would seem to have every reason to issue a pardon to any or all of these folks unless he believes they may be guilty of something. One could argue he has a civic obligation to protect them from abuse of their constitutional rights to free speech, freedom to assemble, to petition the government, etc.
Patel's book has an appendix with the hit list. Im not sure ur right that there would not be cert in Scotus. But it's all unknowable for the moment